S1263B2157A09367 VDL:EAZ 09/23/08 #90 A09367
AMENDMENTS TO SENATE BILL NO. 1263
Sponsor: REPRESENTATIVE VEREB
Printer's No. 2157
1 Amend Title, page 1, line 4, by inserting after "PROVIDING"
2 for disclosure of contents, for requirements, for
3 requirements for governmental access and
4 Amend Title, page 1, line 4, by removing the period after
5 "CHAPTER" and inserting
6 ; and making an editorial change.
7 Amend Bill, page 1, lines 7 and 8, by striking out all of
8 said lines and inserting
9 Section 1. Section 5742 heading and (a) introductory
10 paragraph of Title 18 of the Pennsylvania Consolidated Statutes
11 are amended, subsection (a) is amended by adding a paragraph and
12 the section is amended by adding subsections to read:
13 § 5742. Disclosure of contents and records.
14 (a) Prohibitions.--Except as provided in subsection (b) and
15 (c):
16 * * *
17 (3) A person or entity providing an electronic
18 communication service or remote computing service to the
19 public shall not knowingly divulge a record or other
20 information pertaining to a subscriber to, or customer of,
21 the service.
22 ** *
23 (c) Exceptions for disclosure of records or other
24 information.--A person or entity may divulge a record or other
25 information pertaining to a subscriber to, or customer of, the
26 service if any of the following paragraphs apply:
27 (1) A record or other information may be divulged
28 incident to any service or other business operation or to the
29 protection of the rights or property of the provider.
30 (2) A record or other information may be divulged to any
31 of the following:
32 (i) An investigative or law enforcement official as
33 authorized in section 5743.
34 (ii) The subscriber or customer upon request.
35 (iii) A third party, upon receipt from the requester
36 of adequate proof of lawful consent from the subscriber
37 to, or customer of, the service to release the
1 information to the third party.
2 (iv) A party to a legal proceeding, upon receipt
3 from the party of a court order entered under subsection
4 (c.1). This subparagraph does not apply to an
5 investigative or law enforcement official authorized
6 under section 5743.
7 (3) Notwithstanding paragraph (2), a record or other
8 information may be divulged as authorized by a Commonwealth
9 statute or as authorized by a Commonwealth regulatory agency
10 with oversight over the person or entity.
11 (4) Subject to paragraph (2), a record or other
12 information may be divulged as authorized by Federal law or
13 as authorized by a Federal regulatory agency having oversight
14 over the person or entity.
15 (c.1) Order for release of records.--
16 (1) An order to divulge a record or other information
17 pertaining to a subscriber or customer under subsection
18 (c)(2)(iv) must be approved by a court presiding over the
19 proceeding in which a party seeks the record or other
20 information.
21 (2) The order may be issued only after the subscriber or
22 customer received notice from the party seeking the record or
23 other information and was given an opportunity to be heard.
24 (3) The court may issue a preliminary order directing
25 the provider to furnish the court with the identity of or
26 contact information for the subscriber or customer if the
27 party does not possess this information.
28 (4) An order for disclosure of a record or other
29 information shall be issued only if the party seeking
30 disclosure demonstrates specific and articulable facts to
31 show that there are reasonable grounds to believe that the
32 record or other information sought is relevant and material
33 to the proceeding. In making its determination, the court
34 shall consider the totality of the circumstances, including
35 input of the subscriber or customer, if any, and the likely
36 impact of the provider.
37 Section 2. Sections 5743(c)(1), 5746(a) and 5781 of Title 18
38 are amended to read:
39 § 5743. Requirements for governmental access.
40 * * (c) Records concerning electronic communication service
41 or remote computing service.--
42 [(1) Except as provided in paragraph (2), a provider of
43 electronic communication service or remote computing service
44 may disclose a record or other information pertaining to a
45 subscriber to or customer of the service, not including the
46 contents of communication covered by subsection (a) or (b),
47 to any person other than an investigative or law enforcement
48 officer.]
49 * * *
50 § 5746. Cost reimbursement.
51 (a) Payment.--Except as otherwise provided in subsection
52 (c), an investigative or law enforcement officer obtaining the
53 contents of communications, records or other information under
54 section 5742 (relating to disclosure of contents and records),
55 5743 (relating to requirements for governmental access) or 5744
56 (relating to backup preservation) shall reimburse the person or
57 entity assembling or providing the information for such costs as
58 are reasonably necessary and which have been directly incurred
59 in searching for, assembling, reproducing and otherwise
SB1263A09367 - 2 -
1 providing the information. Reimbursable costs shall include any
2 costs due to necessary disruption of normal operations of any
3 electronic communication service or remote computing service in
4 which the information may be stored.
5 * * *
6 Amend Sec. 2, page 1, line 12, by striking out "2" and
7 inserting
8 3
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